Wednesday, February 01, 2017

Scalia Hearts Gorsuch

The only downside to Neil Gorsuch's SCOTUS
nomination is he can't become Chief Justice.  Yet.

SNIPS from "Chris Matthews: Dems who vote for Gorsuch “will have to answer” for it for 30 years."

On MSNBC this evening, Chris Matthews cautioned Democratic Senators that if they vote to confirm Neil Gorsuch to the Supreme Court, they will have to answer for it for the rest of their political career.

His reasoning was a supremely political one: that at age 49, Gorsuch is likely to be on the Court for 30 years. And that any Dem voting to confirm him would have to answer, over all those years, for his decisions on controversial issues such as abortion and gun rights: “it will be on you,” warned Matthews.

Note: Earlier, Matthews predicted that the Gorsuch nomination will fail because Senate Majority Leader Mitch McConnell will not invoke the “nuclear option.” And since, according to Matthews, no Dems will vote to confirm, the nomination will fall short of the required 60 votes.

This Insurrectionist disagrees. No matter how much McConnell reveres Senate tradition, he will not let such a qualified jurist, and Trump’s first Court nominee, go down to ignominious defeat. If push comes to shove, I predict that McConnell will invoke the nuclear option, and Gorsuch will be confirmed on a simple-majority vote.

For a lawyer's view on Gorsuch, read this SCOTUSblog profile on Gorsuch. Some of his key legal positions are below

* Second Amendment: He wrote in United States v. Games-Perez these rights "may not be infringed lightly."

* Roe v. Wade: Gorsuch has never had the opportunity to write on Roe v. Wade. But, for any indication on how he would vote on abortions, the "right to privacy" defense from the dormant commerce clause is relevant, and he isn't buying it. This clause, known as "dormant" since it is not explicitly written out in the Constitution, indicates that since Congress regulates interstate commerce, states cannot pass legislation that unduly burdens or discriminates against other states and interstate commerce.

* Hobby Lobby v. Sebelius: He distrusts efforts to remove religious expression from public spaces generally, but watch out for cases citing RFRA and RLUIPA — he ruled in Hobby Lobby v. Sebelius that the contraception mandate in Obamacare placed an undue burden on the company's religious exercise and violated RFRA.

* Capital punishment: Gorsuch is not friendly to requests for relief from death sentences through federal habeas corpus.

* Criminal law: Gorsuch believes there is an overwhelming amount of legislation about criminal law, and believes that cases can be interpreted in favor of defendants even if it hurts the government. On mens rea — which means "guilty mind," or essentially the intent to commit a crime — Gorsuch is willing to read narrowly even if it means it doesn't favor the prosecution.

* Checks and balances: Gorsuch does not like deferring to federal agencies when they interpret laws, so watch out for use of the Chevron rule, which allows federal agents to enforce laws in any way that is not expressly prohibited. Gorsuch may push back.


Skoonj said...

If you think this appointment is big, and it is, just wait a few months. There are a couple of other justices on their last legs. Death or retirement during the next year and a half will change America for the next 50 years.

USMC2841 said...

....And switch...Liberals will now lose all recollection of the "it's dangerous to have only 8 sitting on the SCOTUS" argument.

Anonymous said...

Our cynical side (why do you think we're called Ann Hedonia & Sam Paku?) is bothered by the comparisons to the late Justice Scalia. We certainly hope that doesn't augur that he, too, will die under suspicious circumstances.

Ann Hedonia & Sam Paku

drew458 said...

Actually I have no idea why you've chosen those names. I Googled up Ann Hedonia and it comes back with a woman who writes bondage porn novels. I'm not into rope play, so I've never read one of them. Sam Piku is meaningless to me. So, how do these name ID you as natural cynics?

drew458 said...

There was something over at about Gorsuch going along with a 10th Circuit opinion in US v. Rodriguez, a decision that seems to be anti-2A, concerning police and the Stop & Frisk stuff. Without rehashing that case, it does not seem like a good decision, although not quite as bad (but similar) to the very recent US v. Robinson: anybody who CCWs is a threat to everyone, and has less rights because of it. That's WRONG. I would really like to hear Gorsuch talk at length on the 2A and on these decisions before I give him my unfettered approval. Other than that, he does sound like an excellent pick and a really great guy.

jlw said...


as much as i ever thought about it (not much), i assumed that there was a supposed word play on "a hedonist" but sam paku is meaningless to me, too.

Chris in NC said...

One thing can certainly be said: He will be a better judge than anyone hillary would have nominated. I was a very reluctant trump vote. Only reason I did was the SCOTUS pick(s). Based on his first 2 weeks and this pick, he is the most pleasant surprise I've had in a while. I've quickly moved into full blown supporter and cheerleader.

Anonymous said...

Gonna assume that Sam Piku is seppaku (harakiri). No clue on the Ann deal, but I am not gonna cut my guts out worrying about it.

Edd Zachory

OC said...

"....infringed lightly".

The phuq??????

Anonymous said...

Sometimes this forum is not quite a gathering of geniuses.

May we respectfully suggest you look up "anhedonia" and "sanpaku" (and then "You Are All Sanpaku")?
"Sam Paku", BTW, was mentioned in Firesign Theater's "Temporarily Humboldt County". And "Sanpaku" was the title of a song by the great Michael Franks (who wrote "Popsicle Toes", but we digress).

And <what…in…the…fuck is the point of writing "Sam Paku" when you numbnuts read it as "Sam Piku"? Are we in different dimensions? (You Einsteins will probably read that as "dementions", and you might be right!)

Ann Hedonia & Sam Paku

Anonymous said...

You are right most of us aren't geniuses, in fact I would say that most of us are Bozos on this bus.

And this autocorrect thingie on the cell phone has always bothered me ever since of a was a little sprout growing up in in Indiana.

Anyway off the funway and back to the shadows for me

Edd Zachary

Anonymous said...

My mom was a Bozo-ette at school!

But I thought the only other Bozo here was Regnad Kcin.

Say, Edd, what are the odds that there are 2 guys here named Edd, and that one is Edd Zachory and the other is Edd Zachary?

Anyway, are you at all related to the midget furniture magnate, Wee Todd Edd, known as "The Sofa King"? You know, the guy who repeated this mantra every day on his way to work, "I am Wee Todd Edd. I am Sofa King Wee Todd Edd!"

Hazy Dave said...

"Anhedonia is the inability to experience pleasure from activities usually found enjoyable, e.g. exercise, hobbies, music, sexual activities or social interactions."

Anonymous said...

Ron in Ohio Sez:

Concerning Gorsuch; So far, so good! We coulda' had a far worse nominee to deal with. The very fact that the Dim-O's are slinging Ape-Shit over his selection tells me that Trump is onto something here.

To be truthful, William Pryor of the 11th Circuit Court was my 1st choice. His confirmation was almost guaranteed to cause a few Lib-O's suicides. Thomas Hardiman of the 3rd Circuit Court was (is) also a good choice.

Either of those should be confirmed when one of the two epitomes of senilic expression die - Ginsburg and Kennedy(Soon, if someone can induce another suspicious, "sudden death" on the 80 yr. old senile Jew as happened to Scalia). When thinking of the 80 year old Anthony Kennedy let us not rule-out another possible "untimely" death, Stephen Breyer is pushing 80 too.

It appears that the Lefty-Lezzie, Kagan, and her professed Independent ("I'm no Democrat!") cohort, Sotomayor will be around for some time but with one or two more choice Trump nominee/confirmations they will be effectually neutered.

Yup! Lot's of Lib-O butt hurt for years to come. The great part? With that, Long after Donald Trump is dead his legacy will live on.

Hazy Dave said...

Sam Paku is apparently mentioned in the "W.C. Fields Forever" section of Side 1, not "Temporarily Humboldt County" but thanks for introducing me to the reference. Groovy.

Greg said...

Far away Catherwood. Just roll a couple of bombers and leave them on the table...

Pig night under the dwarf maples.
Its a pickle...
Antalope Freeway 1/64 mile, if you lived here you'd be home by now.
God bless Vasputchie land!

Anonymous said...

Spent the afternoon and evening trying to film the Porrige bird laying his egg in the air, but it got dark and the film didn't develop.

Anyway Edd Zachary isn't my name and I ain't related to no one. Edd Zachary is the disease I was diagnosed with when I was younger, my face looks Edd Zachary like my A$$


BlogDog said...

That would be Vespucci Land, as in Amerigo Vespucci, eh?

Anonymous said...

Loathe as I am to interrupt this stream of fascinating word play:
[quote] Note: Earlier, Matthews predicted that the Gorsuch nomination will fail because Senate Majority Leader Mitch McConnell will not invoke the “nuclear option.” And since, according to Matthews, no Dems will vote to confirm, the nomination will fall short of the required 60 votes.[/quote]

The Tingler was obviously thinking of the former opposition "leader" who I will always despise for his cowardice. Mrs Skyhawker says he looks and carries himself like a turtle.

I suspect Turtle McCornhole will actually summon the courage to invoke the Nuclear Option if conditions warrant because he won't be doing it on his own. Thus, Matthews will be proven wrong because he cannot understand the fearlessness of President Trump which will suppress the timidity that has so long been a hallmark of the plantation republican.--Petty Officer Fifth Class Skyhawker Doug.

Post a Comment

Just type your name and post as anonymous if you don't have a Blogger profile.